Trial Magazine

While at a friend’s house, Doe, 6, went into an unlocked garage, started up a motorized scooter, and began to drive it down his friend’s driveway. Unable to stop the scooter, he entered a roadway and was run over by an 18-wheel semi-trailer traveling 30 mph. He suffered a severe traumatic brain injury resulting in cognitive difficulties, as well as fractures, internal bleeding, and a disconnected urethra. He underwent dozens of surgeries.

Doe’s parents sued the truck driver and his employer, alleging improper lookout and failure to avoid the incident. The plaintiffs argued that the truck driver should have been able to see Doe when he was at the top of the driveway and for seven seconds before the impact.

Suit also named the friend’s parents, alleging they negligently allowed their son to have unsupervised access to a dangerous motor scooter, which, the plaintiffs argued, should have been kept in a locked garage. Additionally, the plaintiffs asserted that the friend’s great-grandmother, who was watching the boys, failed to provide adequate supervision.

The parties settled for $7 million. The driver’s insurer paid $6 million, and the homeowners insurer for the friend’s parents paid $1 million.

Citation: Doe v. Roe Employer, Confidential Dkt. No. (Undisclosed Jxn. & Ct. 2021).

Plaintiff counsel: AAJ members Craig D. Brown and Michael W. Lenert, both of St. Charles, Ill.